I have signed a non compete agreement with a company out of the state of Georgia. However, I signed it the company that subcontracted me did not sign the non compete agreement. Is this non compete agreement binding in any way? Or must I abide by it's stipulations?
Final line of the contract states that IN WITNESS WHEREOF, Company and the contractor have signed this agreement. Agreement begins once signed and dated by the sub-contractor.
Real Estate Attorney
The simple answer to your question is yes, a contract signed by you most likely will be binding against you even if it is not signed by the other party. There is a major caveat which is that the agreement may not be binding for a variety of other reasons such as lack of consideration or the agreement if over restrictive. The enforceability of the agreement might depend on the choice of law provision in the agreement, i.e., does Minnesota or Georgia law apply. Each state has slightly different case law interpreting the enforceability of non-compete agreements. Many non-compete agreements are enforceable and some are not. Those that are not or that are over expansive might have the terms rewritten by a judge to make the agreement enforceable.
Generally it is a good idea to have your employment agreement, non-compete, and non-solicitation agreements reviewed prior to entering into them.
Feel free to contact me with any questions:
Matthew R. Doherty
Brutlag, Hartmann & Trucke, P.A.
3555 Plymouth Boulevard, Suite 117
Minneapolis, MN 55447
Direct Dial: (763) 222-2507
Fax: (763) 222-2501
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